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GT

Glenn T. Williams

Fri, Apr 13, 2012 6:18 PM

Any help with the following would be very appreciated:

Subcontractor signs progress payment release of lien rights in the form of
Section 713.20(4) (after supplying all materials and performing all work).
It's a government project, there are no lien rights. Same Subcontractor has
a bond claim for amounts unpaid (there is both a Section 255.05 bond and a
subcontractor common law bond potentially applicable). Is the progress
payment release of lien enforceable against Subcontractor to prevent
Subcontractor from getting paid the unpaid subcontract amounts?

Thank you very much for your time, and I truly appreciate any help!

Glenn Todd Williams, Esq.
Attorney | Board Certified in Construction Law

Glenn Williams, P.A.
Angebilt Building - Downtown 37 N. Orange Ave, Suite 500
Orlando, Florida 32801
Telephone: 407-926-4100
Facsimile: 407-926-4105

gtwlaw@ymail.com

Description: Description: H:\HTML Signature Block\Construction Law.gif

This email message including attachments, if any, is intended for the use of
the individual or entity named above and may contain attorney-client
confidential and/or privileged information. If the reader of this message
is not the intended recipient, you are hereby notified that any review, use,
disclosure, copying, or distribution is strictly prohibited. If you have
received this email message in error, please contact the sender by reply
email and destroy all copies of the original message including attachments.
Thank you.

Pursuant to federal regulations imposed on practitioners who render tax
advice ("Circular 230"), we are required to advise you that any tax advice
contained herein is not intended or written to be used for the purpose of
avoiding tax penalties that may be imposed by the Internal Revenue Service.
If this advice is or is intended to be used or referred to in promoting,
marketing or recommending a partnership or other entity, investment plan or
arrangement, the regulations under Circular 230 require that we advise you
as follows: (1) this writing is not intended or written to be used, and it
cannot be used, for the purpose of avoiding tax penalties that may be
imposed on a taxpayer; (2) the advice was written to support the promotion
or marketing of the transaction(s) or matter(s) addressed by the written
advice; and (3) the taxpayer should seek advice based on the taxpayer's
particular circumstances from an independent tax advisor.

Any help with the following would be very appreciated: Subcontractor signs progress payment release of lien rights in the form of Section 713.20(4) (after supplying all materials and performing all work). It's a government project, there are no lien rights. Same Subcontractor has a bond claim for amounts unpaid (there is both a Section 255.05 bond and a subcontractor common law bond potentially applicable). Is the progress payment release of lien enforceable against Subcontractor to prevent Subcontractor from getting paid the unpaid subcontract amounts? Thank you very much for your time, and I truly appreciate any help! Glenn Todd Williams, Esq. Attorney | Board Certified in Construction Law Glenn Williams, P.A. Angebilt Building - Downtown 37 N. Orange Ave, Suite 500 Orlando, Florida 32801 Telephone: 407-926-4100 Facsimile: 407-926-4105 gtwlaw@ymail.com Description: Description: H:\HTML Signature Block\Construction Law.gif This email message including attachments, if any, is intended for the use of the individual or entity named above and may contain attorney-client confidential and/or privileged information. If the reader of this message is not the intended recipient, you are hereby notified that any review, use, disclosure, copying, or distribution is strictly prohibited. If you have received this email message in error, please contact the sender by reply email and destroy all copies of the original message including attachments. Thank you. Pursuant to federal regulations imposed on practitioners who render tax advice ("Circular 230"), we are required to advise you that any tax advice contained herein is not intended or written to be used for the purpose of avoiding tax penalties that may be imposed by the Internal Revenue Service. If this advice is or is intended to be used or referred to in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement, the regulations under Circular 230 require that we advise you as follows: (1) this writing is not intended or written to be used, and it cannot be used, for the purpose of avoiding tax penalties that may be imposed on a taxpayer; (2) the advice was written to support the promotion or marketing of the transaction(s) or matter(s) addressed by the written advice; and (3) the taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor.

RJ

Reese J. Henderson, Jr.

Fri, Apr 13, 2012 6:28 PM

Larry Leiby will have the site at his fingertips, but there is caselaw
that says lien waivers are enforceable to waive rights against a payment
bond.

Reese J. Henderson, Jr.
Shareholder
GrayRobinson, P.A.
50 North Laura Street, Suite 1100
Jacksonville, Florida 32202
Main: 904-598-9929 | Fax: 904-598-9109
Email: Reese.Henderson@gray-robinson.com

This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney-client relationship with the sender.

Disclaimer under Circular 230: Any statements regarding tax matters made herein, including any attachments, are not formal tax opinions by this firm, cannot be relied upon or used by any person to avoid tax penalties, and are not intended to be used or referred to in any marketing or promotional materials.
Please be advised that this law firm may be acting as a debt collector and is attempting to collect a debt and any information provided will be used for that purpose.

From: constructionlaw-bounces@lists.flabarrpptl.org
[mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of
Glenn T. Williams
Sent: Friday, April 13, 2012 2:18 PM
To: constructionlaw@lists.flabarrpptl.org
Subject: [RPPTL-constructionlaw] Bond claim issue

Any help with the following would be very appreciated:

Subcontractor signs progress payment release of lien rights in the form
of Section 713.20(4) (after supplying all materials and performing all
work). It's a government project, there are no lien rights. Same
Subcontractor has a bond claim for amounts unpaid (there is both a
Section 255.05 bond and a subcontractor common law bond potentially
applicable). Is the progress payment release of lien enforceable
against Subcontractor to prevent Subcontractor from getting paid the
unpaid subcontract amounts?

Thank you very much for your time, and I truly appreciate any help!

Glenn Todd Williams, Esq.
Attorney | Board Certified in Construction Law

Glenn Williams, P.A.
Angebilt Building - Downtown 37 N. Orange Ave, Suite 500
Orlando, Florida 32801
Telephone: 407-926-4100
Facsimile: 407-926-4105

gtwlaw@ymail.com

This email message including attachments, if any, is intended for the
use of the individual or entity named above and may contain
attorney-client confidential and/or privileged information. If the
reader of this message is not the intended recipient, you are hereby
notified that any review, use, disclosure, copying, or distribution is
strictly prohibited. If you have received this email message in error,
please contact the sender by reply email and destroy all copies of the
original message including attachments. Thank you.

Pursuant to federal regulations imposed on practitioners who render tax
advice ("Circular 230"), we are required to advise you that any tax
advice contained herein is not intended or written to be used for the
purpose of avoiding tax penalties that may be imposed by the Internal
Revenue Service. If this advice is or is intended to be used or
referred to in promoting, marketing or recommending a partnership or
other entity, investment plan or arrangement, the regulations under
Circular 230 require that we advise you as follows: (1) this writing is
not intended or written to be used, and it cannot be used, for the
purpose of avoiding tax penalties that may be imposed on a taxpayer; (2)
the advice was written to support the promotion or marketing of the
transaction(s) or matter(s) addressed by the written advice; and (3) the
taxpayer should seek advice based on the taxpayer's particular
circumstances from an independent tax advisor.

Larry Leiby will have the site at his fingertips, but there is caselaw that says lien waivers are enforceable to waive rights against a payment bond. Reese J. Henderson, Jr. Shareholder GrayRobinson, P.A. 50 North Laura Street, Suite 1100 Jacksonville, Florida 32202 Main: 904-598-9929 | Fax: 904-598-9109 Email: Reese.Henderson@gray-robinson.com This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney-client relationship with the sender. Disclaimer under Circular 230: Any statements regarding tax matters made herein, including any attachments, are not formal tax opinions by this firm, cannot be relied upon or used by any person to avoid tax penalties, and are not intended to be used or referred to in any marketing or promotional materials. Please be advised that this law firm may be acting as a debt collector and is attempting to collect a debt and any information provided will be used for that purpose. ________________________________ From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Glenn T. Williams Sent: Friday, April 13, 2012 2:18 PM To: constructionlaw@lists.flabarrpptl.org Subject: [RPPTL-constructionlaw] Bond claim issue Any help with the following would be very appreciated: Subcontractor signs progress payment release of lien rights in the form of Section 713.20(4) (after supplying all materials and performing all work). It's a government project, there are no lien rights. Same Subcontractor has a bond claim for amounts unpaid (there is both a Section 255.05 bond and a subcontractor common law bond potentially applicable). Is the progress payment release of lien enforceable against Subcontractor to prevent Subcontractor from getting paid the unpaid subcontract amounts? Thank you very much for your time, and I truly appreciate any help! Glenn Todd Williams, Esq. Attorney | Board Certified in Construction Law Glenn Williams, P.A. Angebilt Building - Downtown 37 N. Orange Ave, Suite 500 Orlando, Florida 32801 Telephone: 407-926-4100 Facsimile: 407-926-4105 gtwlaw@ymail.com This email message including attachments, if any, is intended for the use of the individual or entity named above and may contain attorney-client confidential and/or privileged information. If the reader of this message is not the intended recipient, you are hereby notified that any review, use, disclosure, copying, or distribution is strictly prohibited. If you have received this email message in error, please contact the sender by reply email and destroy all copies of the original message including attachments. Thank you. Pursuant to federal regulations imposed on practitioners who render tax advice ("Circular 230"), we are required to advise you that any tax advice contained herein is not intended or written to be used for the purpose of avoiding tax penalties that may be imposed by the Internal Revenue Service. If this advice is or is intended to be used or referred to in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement, the regulations under Circular 230 require that we advise you as follows: (1) this writing is not intended or written to be used, and it cannot be used, for the purpose of avoiding tax penalties that may be imposed on a taxpayer; (2) the advice was written to support the promotion or marketing of the transaction(s) or matter(s) addressed by the written advice; and (3) the taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor.

WL

William L. Grant

Fri, Apr 13, 2012 6:54 PM

There is a statute. Section 713.23 says: “(5) A waiver and release of lien pursuant to s. 713.20http://archive.flsenate.gov/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0713/Sections/0713.20.html given by a lienor shall constitute a waiver and release in a like amount of the lienor’s right to make a claim against a payment bond under this section.” There is at least an argument the same would apply to a 255.05 job, since courts regularly rely on 713 when the answer is not in 255.05.

From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Reese J. Henderson, Jr.
Sent: Friday, April 13, 2012 2:29 PM
To: RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw] Bond claim issue

Larry Leiby will have the site at his fingertips, but there is caselaw that says lien waivers are enforceable to waive rights against a payment bond.

Reese J. Henderson, Jr.
Shareholder
GrayRobinson, P.A.
50 North Laura Street, Suite 1100
Jacksonville, Florida 32202
Main: 904-598-9929 | Fax: 904-598-9109
Email: Reese.Henderson@gray-robinson.com mailto:Reese.Henderson@gray-robinson.com
GRAY | ROBINSONhttp://www.gray-robinson.com/
ATTORNEYS AT LAW

This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney-client relationship with the sender.

Disclaimer under Circular 230: Any statements regarding tax matters made herein, including any attachments, are not formal tax opinions by this firm, cannot be relied upon or used by any person to avoid tax penalties, and are not intended to be used or referred to in any marketing or promotional materials.

Please be advised that this law firm may be acting as a debt collector and is attempting to collect a debt and any information provided will be used for that purpose.

From: constructionlaw-bounces@lists.flabarrpptl.org mailto:constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Glenn T. Williams
Sent: Friday, April 13, 2012 2:18 PM
To: constructionlaw@lists.flabarrpptl.org mailto:constructionlaw@lists.flabarrpptl.org
Subject: [RPPTL-constructionlaw] Bond claim issue
Any help with the following would be very appreciated:

Subcontractor signs progress payment release of lien rights in the form of Section 713.20(4) (after supplying all materials and performing all work). It’s a government project, there are no lien rights. Same Subcontractor has a bond claim for amounts unpaid (there is both a Section 255.05 bond and a subcontractor common law bond potentially applicable). Is the progress payment release of lien enforceable against Subcontractor to prevent Subcontractor from getting paid the unpaid subcontract amounts?

Thank you very much for your time, and I truly appreciate any help!

Glenn Todd Williams, Esq.
Attorney | Board Certified in Construction Law

Glenn Williams, P.A.
Angebilt Building - Downtown 37 N. Orange Ave, Suite 500
Orlando, Florida 32801
Telephone: 407-926-4100
Facsimile: 407-926-4105
gtwlaw@ymail.com mailto:gtwlaw@ymail.com

[cid:image001.jpg@01CD1985.455E11B0]

This email message including attachments, if any, is intended for the use of the individual or entity named above and may contain attorney-client confidential and/or privileged information. If the reader of this message is not the intended recipient, you are hereby notified that any review, use, disclosure, copying, or distribution is strictly prohibited. If you have received this email message in error, please contact the sender by reply email and destroy all copies of the original message including attachments. Thank you.
Pursuant to federal regulations imposed on practitioners who render tax advice ("Circular 230"), we are required to advise you that any tax advice contained herein is not intended or written to be used for the purpose of avoiding tax penalties that may be imposed by the Internal Revenue Service. If this advice is or is intended to be used or referred to in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement, the regulations under Circular 230 require that we advise you as follows: (1) this writing is not intended or written to be used, and it cannot be used, for the purpose of avoiding tax penalties that may be imposed on a taxpayer; (2) the advice was written to support the promotion or marketing of the transaction(s) or matter(s) addressed by the written advice; and (3) the taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor.

</pre>IRS CIRCULAR 230 NOTICE: Pursuant to recently enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice expressed above was neither written nor intended by the sender or this firm to be used and cannot be used by any taxpayer for the purpose of avoiding penalties that may be imposed under U.S. tax law. If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then the advice should be considered to have been written to support the promotion or marketing by a person other than the sender or this firm of that transaction or matter, and such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor. The information in this email transmission is privileged and confidential. If you are not the intended recipient, nor the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination or copying of this transmission (including any attachments) is strictly prohibited. If you have received this email in error, please notify the sender by email reply. Thank you. <pre>

There is a statute. Section 713.23 says: “(5) A waiver and release of lien pursuant to s. 713.20<http://archive.flsenate.gov/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0713/Sections/0713.20.html> given by a lienor shall constitute a waiver and release in a like amount of the lienor’s right to make a claim against a payment bond under this section.” There is at least an argument the same would apply to a 255.05 job, since courts regularly rely on 713 when the answer is not in 255.05. From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Reese J. Henderson, Jr. Sent: Friday, April 13, 2012 2:29 PM To: RPPTL constructionlaw Subject: Re: [RPPTL-constructionlaw] Bond claim issue Larry Leiby will have the site at his fingertips, but there is caselaw that says lien waivers are enforceable to waive rights against a payment bond. Reese J. Henderson, Jr. Shareholder GrayRobinson, P.A. 50 North Laura Street, Suite 1100 Jacksonville, Florida 32202 Main: 904-598-9929 | Fax: 904-598-9109 Email: Reese.Henderson@gray-robinson.com<mailto:Reese.Henderson@gray-robinson.com> GRAY | ROBINSON<http://www.gray-robinson.com/> ATTORNEYS AT LAW This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney-client relationship with the sender. Disclaimer under Circular 230: Any statements regarding tax matters made herein, including any attachments, are not formal tax opinions by this firm, cannot be relied upon or used by any person to avoid tax penalties, and are not intended to be used or referred to in any marketing or promotional materials. Please be advised that this law firm may be acting as a debt collector and is attempting to collect a debt and any information provided will be used for that purpose. ________________________________ From: constructionlaw-bounces@lists.flabarrpptl.org<mailto:constructionlaw-bounces@lists.flabarrpptl.org> [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Glenn T. Williams Sent: Friday, April 13, 2012 2:18 PM To: constructionlaw@lists.flabarrpptl.org<mailto:constructionlaw@lists.flabarrpptl.org> Subject: [RPPTL-constructionlaw] Bond claim issue Any help with the following would be very appreciated: Subcontractor signs progress payment release of lien rights in the form of Section 713.20(4) (after supplying all materials and performing all work). It’s a government project, there are no lien rights. Same Subcontractor has a bond claim for amounts unpaid (there is both a Section 255.05 bond and a subcontractor common law bond potentially applicable). Is the progress payment release of lien enforceable against Subcontractor to prevent Subcontractor from getting paid the unpaid subcontract amounts? Thank you very much for your time, and I truly appreciate any help! Glenn Todd Williams, Esq. Attorney | Board Certified in Construction Law Glenn Williams, P.A. Angebilt Building - Downtown 37 N. Orange Ave, Suite 500 Orlando, Florida 32801 Telephone: 407-926-4100 Facsimile: 407-926-4105 gtwlaw@ymail.com<mailto:gtwlaw@ymail.com> [cid:image001.jpg@01CD1985.455E11B0] This email message including attachments, if any, is intended for the use of the individual or entity named above and may contain attorney-client confidential and/or privileged information. If the reader of this message is not the intended recipient, you are hereby notified that any review, use, disclosure, copying, or distribution is strictly prohibited. If you have received this email message in error, please contact the sender by reply email and destroy all copies of the original message including attachments. Thank you. Pursuant to federal regulations imposed on practitioners who render tax advice ("Circular 230"), we are required to advise you that any tax advice contained herein is not intended or written to be used for the purpose of avoiding tax penalties that may be imposed by the Internal Revenue Service. If this advice is or is intended to be used or referred to in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement, the regulations under Circular 230 require that we advise you as follows: (1) this writing is not intended or written to be used, and it cannot be used, for the purpose of avoiding tax penalties that may be imposed on a taxpayer; (2) the advice was written to support the promotion or marketing of the transaction(s) or matter(s) addressed by the written advice; and (3) the taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor. </pre>IRS CIRCULAR 230 NOTICE: Pursuant to recently enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice expressed above was neither written nor intended by the sender or this firm to be used and cannot be used by any taxpayer for the purpose of avoiding penalties that may be imposed under U.S. tax law. If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then the advice should be considered to have been written to support the promotion or marketing by a person other than the sender or this firm of that transaction or matter, and such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor. The information in this email transmission is privileged and confidential. If you are not the intended recipient, nor the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination or copying of this transmission (including any attachments) is strictly prohibited. If you have received this email in error, please notify the sender by email reply. Thank you. <pre>

EK

Ed Kinberg

Fri, Apr 13, 2012 6:57 PM

A release is a release unless it contains reservations.

Ed Kinberg

Fellow, National Contract Management Association

Board Certified, Construction Law Attorney

Government Contract Law, Construction Law, and Business Law

Attorneys At Law

1290 W. Eau Gallie Boulevard

Melbourne, FL 32935

Tel. (321) 259-1910

Fax (321) 259-1996

www.kblegal.com

This message is intended only for the use of the individual or entity to which it is addressed, and may contain information that is PRIVILEGED, CONFIDENTIAL and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone, and return the original to us by mail without making a copy. Thank you.

Replies Filtered: Any incoming reply to this e-mail communication or other e-mail communication to us will be electronically filtered for "spam" and/or "viruses." That filtering process may result in such reply or other e-mail communications to us being quarantined (i.e., potentially not received at our site at all) and/or delayed in reaching us. For that reason, we cannot guarantee that we will receive your reply or other e-mail communications to us and/or that we will receive the same in a timely manner. Accordingly, you should consider sending communications to us which are particularly important or time-sensitive by means other than e-mail.

From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Reese J. Henderson, Jr.
Sent: Friday, April 13, 2012 2:29 PM
To: RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw] Bond claim issue

Larry Leiby will have the site at his fingertips, but there is caselaw that says lien waivers are enforceable to waive rights against a payment bond.

Reese J. Henderson, Jr.

Shareholder

GrayRobinson, P.A.

50 North Laura Street, Suite 1100

Jacksonville, Florida 32202

Main: 904-598-9929 | Fax: 904-598-9109

Email: Reese.Henderson@gray-robinson.com

GRAY | ROBINSON http://www.gray-robinson.com/

ATTORNEYS AT LAW

This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney-client relationship with the sender.

Disclaimer under Circular 230: Any statements regarding tax matters made herein, including any attachments, are not formal tax opinions by this firm, cannot be relied upon or used by any person to avoid tax penalties, and are not intended to be used or referred to in any marketing or promotional materials.

Please be advised that this law firm may be acting as a debt collector and is attempting to collect a debt and any information provided will be used for that purpose.

From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Glenn T. Williams
Sent: Friday, April 13, 2012 2:18 PM
To: constructionlaw@lists.flabarrpptl.org
Subject: [RPPTL-constructionlaw] Bond claim issue

Any help with the following would be very appreciated:

Subcontractor signs progress payment release of lien rights in the form of Section 713.20(4) (after supplying all materials and performing all work). It’s a government project, there are no lien rights. Same Subcontractor has a bond claim for amounts unpaid (there is both a Section 255.05 bond and a subcontractor common law bond potentially applicable). Is the progress payment release of lien enforceable against Subcontractor to prevent Subcontractor from getting paid the unpaid subcontract amounts?

Thank you very much for your time, and I truly appreciate any help!

Glenn Todd Williams, Esq.
Attorney | Board Certified in Construction Law

Glenn Williams, P.A.
Angebilt Building - Downtown 37 N. Orange Ave, Suite 500
Orlando, Florida 32801
Telephone: 407-926-4100
Facsimile: 407-926-4105

gtwlaw@ymail.com

This email message including attachments, if any, is intended for the use of the individual or entity named above and may contain attorney-client confidential and/or privileged information. If the reader of this message is not the intended recipient, you are hereby notified that any review, use, disclosure, copying, or distribution is strictly prohibited. If you have received this email message in error, please contact the sender by reply email and destroy all copies of the original message including attachments. Thank you.

Pursuant to federal regulations imposed on practitioners who render tax advice ("Circular 230"), we are required to advise you that any tax advice contained herein is not intended or written to be used for the purpose of avoiding tax penalties that may be imposed by the Internal Revenue Service. If this advice is or is intended to be used or referred to in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement, the regulations under Circular 230 require that we advise you as follows: (1) this writing is not intended or written to be used, and it cannot be used, for the purpose of avoiding tax penalties that may be imposed on a taxpayer; (2) the advice was written to support the promotion or marketing of the transaction(s) or matter(s) addressed by the written advice; and (3) the taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor.

A release is a release unless it contains reservations. Ed Kinberg Fellow, National Contract Management Association Board Certified, Construction Law Attorney Government Contract Law, Construction Law, and Business Law Attorneys At Law 1290 W. Eau Gallie Boulevard Melbourne, FL 32935 Tel. (321) 259-1910 Fax (321) 259-1996 www.kblegal.com This message is intended only for the use of the individual or entity to which it is addressed, and may contain information that is PRIVILEGED, CONFIDENTIAL and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone, and return the original to us by mail without making a copy. Thank you. Replies Filtered: Any incoming reply to this e-mail communication or other e-mail communication to us will be electronically filtered for "spam" and/or "viruses." That filtering process may result in such reply or other e-mail communications to us being quarantined (i.e., potentially not received at our site at all) and/or delayed in reaching us. For that reason, we cannot guarantee that we will receive your reply or other e-mail communications to us and/or that we will receive the same in a timely manner. Accordingly, you should consider sending communications to us which are particularly important or time-sensitive by means other than e-mail. From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Reese J. Henderson, Jr. Sent: Friday, April 13, 2012 2:29 PM To: RPPTL constructionlaw Subject: Re: [RPPTL-constructionlaw] Bond claim issue Larry Leiby will have the site at his fingertips, but there is caselaw that says lien waivers are enforceable to waive rights against a payment bond. Reese J. Henderson, Jr. Shareholder GrayRobinson, P.A. 50 North Laura Street, Suite 1100 Jacksonville, Florida 32202 Main: 904-598-9929 | Fax: 904-598-9109 Email: Reese.Henderson@gray-robinson.com GRAY | ROBINSON <http://www.gray-robinson.com/> ATTORNEYS AT LAW This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney-client relationship with the sender. Disclaimer under Circular 230: Any statements regarding tax matters made herein, including any attachments, are not formal tax opinions by this firm, cannot be relied upon or used by any person to avoid tax penalties, and are not intended to be used or referred to in any marketing or promotional materials. Please be advised that this law firm may be acting as a debt collector and is attempting to collect a debt and any information provided will be used for that purpose. ________________________________ From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Glenn T. Williams Sent: Friday, April 13, 2012 2:18 PM To: constructionlaw@lists.flabarrpptl.org Subject: [RPPTL-constructionlaw] Bond claim issue Any help with the following would be very appreciated: Subcontractor signs progress payment release of lien rights in the form of Section 713.20(4) (after supplying all materials and performing all work). It’s a government project, there are no lien rights. Same Subcontractor has a bond claim for amounts unpaid (there is both a Section 255.05 bond and a subcontractor common law bond potentially applicable). Is the progress payment release of lien enforceable against Subcontractor to prevent Subcontractor from getting paid the unpaid subcontract amounts? Thank you very much for your time, and I truly appreciate any help! Glenn Todd Williams, Esq. Attorney | Board Certified in Construction Law Glenn Williams, P.A. Angebilt Building - Downtown 37 N. Orange Ave, Suite 500 Orlando, Florida 32801 Telephone: 407-926-4100 Facsimile: 407-926-4105 gtwlaw@ymail.com This email message including attachments, if any, is intended for the use of the individual or entity named above and may contain attorney-client confidential and/or privileged information. If the reader of this message is not the intended recipient, you are hereby notified that any review, use, disclosure, copying, or distribution is strictly prohibited. If you have received this email message in error, please contact the sender by reply email and destroy all copies of the original message including attachments. Thank you. Pursuant to federal regulations imposed on practitioners who render tax advice ("Circular 230"), we are required to advise you that any tax advice contained herein is not intended or written to be used for the purpose of avoiding tax penalties that may be imposed by the Internal Revenue Service. If this advice is or is intended to be used or referred to in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement, the regulations under Circular 230 require that we advise you as follows: (1) this writing is not intended or written to be used, and it cannot be used, for the purpose of avoiding tax penalties that may be imposed on a taxpayer; (2) the advice was written to support the promotion or marketing of the transaction(s) or matter(s) addressed by the written advice; and (3) the taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor.

BK

Barry Kalmanson

Fri, Apr 13, 2012 7:05 PM

There is a statute on point.

Barry Kalmanson
bkpa1@aol.com

-----Original Message-----
From: Reese J. Henderson, Jr. Reese.Henderson@gray-robinson.com
To: RPPTL constructionlaw constructionlaw@lists.flabarrpptl.org
Sent: Fri, Apr 13, 2012 2:29 pm
Subject: Re: [RPPTL-constructionlaw] Bond claim issue

Larry Leiby will have the site at his fingertips, but there is caselaw that says lien waivers are enforceable to waive rights against a payment bond.

Reese J. Henderson, Jr.

Shareholder
GrayRobinson, P.A.
50 North Laura Street, Suite 1100
Jacksonville, Florida 32202

Main: 904-598-9929 | Fax: 904-598-9109

Email: Reese.Henderson@gray-robinson.com

GRAY | ROBINSON
ATTORNEYS AT LAW

This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney-client relationship with the sender.

Disclaimer under Circular 230: Any statements regarding tax matters made herein, including any attachments, are not formal tax opinions by this firm, cannot be relied upon or used by any person to avoid tax penalties, and are not intended to be used or referred to in any marketing or promotional materials.
Please be advised that this law firm may be acting as a debt collector and is attempting to collect a debt and any information provided will be used for that purpose.

From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Glenn T. Williams
Sent: Friday, April 13, 2012 2:18 PM
To: constructionlaw@lists.flabarrpptl.org
Subject: [RPPTL-constructionlaw] Bond claim issue

Any help with the following would be very appreciated:

Subcontractor signs progress payment release of lien rights in the form of Section 713.20(4) (after supplying all materials and performing all work). It’s a government project, there are no lien rights. Same Subcontractor has a bond claim for amounts unpaid (there is both a Section 255.05 bond and a subcontractor common law bond potentially applicable). Is the progress payment release of lien enforceable against Subcontractor to prevent Subcontractor from getting paid the unpaid subcontract amounts?

Thank you very much for your time, and I truly appreciate any help!

Glenn Todd Williams, Esq.
Attorney | Board Certified in Construction Law

Glenn Williams, P.A.
Angebilt Building - Downtown 37 N. Orange Ave, Suite 500
Orlando, Florida 32801
Telephone: 407-926-4100
Facsimile: 407-926-4105
gtwlaw@ymail.com

This email message including attachments, if any, is intended for the use of the individual or entity named above and may contain attorney-client confidential and/or privileged information. If the reader of this message is not the intended recipient, you are hereby notified that any review, use, disclosure, copying, or distribution is strictly prohibited. If you have received this email message in error, please contact the sender by reply email and destroy all copies of the original message including attachments. Thank you.
Pursuant to federal regulations imposed on practitioners who render tax advice ("Circular 230"), we are required to advise you that any tax advice contained herein is not intended or written to be used for the purpose of avoiding tax penalties that may be imposed by the Internal Revenue Service. If this advice is or is intended to be used or referred to in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement, the regulations under Circular 230 require that we advise you as follows: (1) this writing is not intended or written to be used, and it cannot be used, for the purpose of avoiding tax penalties that may be imposed on a taxpayer; (2) the advice was written to support the promotion or marketing of the transaction(s) or matter(s) addressed by the written advice; and (3) the taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor.

onstructionlaw mailing list
onstructionlaw@lists.flabarrpptl.org
ttp://mailman.fsr.com/mailman/listinfo/constructionlaw

There is a statute on point. Barry Kalmanson bkpa1@aol.com -----Original Message----- From: Reese J. Henderson, Jr. <Reese.Henderson@gray-robinson.com> To: RPPTL constructionlaw <constructionlaw@lists.flabarrpptl.org> Sent: Fri, Apr 13, 2012 2:29 pm Subject: Re: [RPPTL-constructionlaw] Bond claim issue Larry Leiby will have the site at his fingertips, but there is caselaw that says lien waivers are enforceable to waive rights against a payment bond. Reese J. Henderson, Jr. Shareholder GrayRobinson, P.A. 50 North Laura Street, Suite 1100 Jacksonville, Florida 32202 Main: 904-598-9929 | Fax: 904-598-9109 Email: Reese.Henderson@gray-robinson.com GRAY | ROBINSON ATTORNEYS AT LAW This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney-client relationship with the sender. Disclaimer under Circular 230: Any statements regarding tax matters made herein, including any attachments, are not formal tax opinions by this firm, cannot be relied upon or used by any person to avoid tax penalties, and are not intended to be used or referred to in any marketing or promotional materials. Please be advised that this law firm may be acting as a debt collector and is attempting to collect a debt and any information provided will be used for that purpose. From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Glenn T. Williams Sent: Friday, April 13, 2012 2:18 PM To: constructionlaw@lists.flabarrpptl.org Subject: [RPPTL-constructionlaw] Bond claim issue Any help with the following would be very appreciated: Subcontractor signs progress payment release of lien rights in the form of Section 713.20(4) (after supplying all materials and performing all work). It’s a government project, there are no lien rights. Same Subcontractor has a bond claim for amounts unpaid (there is both a Section 255.05 bond and a subcontractor common law bond potentially applicable). Is the progress payment release of lien enforceable against Subcontractor to prevent Subcontractor from getting paid the unpaid subcontract amounts? Thank you very much for your time, and I truly appreciate any help! Glenn Todd Williams, Esq. Attorney | Board Certified in Construction Law Glenn Williams, P.A. Angebilt Building - Downtown 37 N. Orange Ave, Suite 500 Orlando, Florida 32801 Telephone: 407-926-4100 Facsimile: 407-926-4105 gtwlaw@ymail.com This email message including attachments, if any, is intended for the use of the individual or entity named above and may contain attorney-client confidential and/or privileged information. If the reader of this message is not the intended recipient, you are hereby notified that any review, use, disclosure, copying, or distribution is strictly prohibited. If you have received this email message in error, please contact the sender by reply email and destroy all copies of the original message including attachments. Thank you. Pursuant to federal regulations imposed on practitioners who render tax advice ("Circular 230"), we are required to advise you that any tax advice contained herein is not intended or written to be used for the purpose of avoiding tax penalties that may be imposed by the Internal Revenue Service. If this advice is or is intended to be used or referred to in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement, the regulations under Circular 230 require that we advise you as follows: (1) this writing is not intended or written to be used, and it cannot be used, for the purpose of avoiding tax penalties that may be imposed on a taxpayer; (2) the advice was written to support the promotion or marketing of the transaction(s) or matter(s) addressed by the written advice; and (3) the taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor. _______________________________________________ onstructionlaw mailing list onstructionlaw@lists.flabarrpptl.org ttp://mailman.fsr.com/mailman/listinfo/constructionlaw

ST

Steve Thompson

Fri, Apr 13, 2012 8:00 PM

Yes, but 255.05(2)(b) provides the form for a release of bond claim and 255.05(2)(f) provides:

A waiver that is not substantially similar to the forms in this subsection is enforceable in accordance with its terms.

I would argue that a release is a relinquishment of a known right and that a release of lien claims (which are non-existent because of governmental exemption from liens) is ineffective to waive the right to claim against the bond.

Steven F. Thompson, Esq.
Thompson & Brooks
412 E. Madison St., Ste 900
Tampa, Fl. 33602
813-387-1821
Fax 813-387-1824

THE ABOVE MAY CONTAIN OR CONSTITUTE A CONFIDENTIAL
AND PRIVILEGED COMMUNICATION. IF YOU ARE NOT THE INTENDED
RECIPIENT, OR IF YOU HAVE OTHERWISE RECEIVED THIS COMMUNICATION
IN ERROR, PLEASE NOTIFY THE OFFICE OF THOMPSON & BROOKS BY TELEPHONE
AT (813) 387-1821 [collect] AND INFORM THE OFFICE OF THE ERROR;
AND PLEASE DESTROY OR DELETE THIS MESSAGE. THIS MESSAGE MAY NOT
BE REVIEWED, PRINTED, DISPLAYED, OR RE-TRANSMITTED WITHOUT THE
SENDER'S CONSENT. ALL RIGHTS PROTECTED. THERE MAY BE NO FURTHER
DISTRIBUTION OR PUBLICATION OF THIS COMMUNICATION OR ITS CONTENTS
WITHOUT THE EXPRESS CONSENT OF THOMPSON & BROOKS. THANK YOU.

From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of William L. Grant
Sent: Friday, April 13, 2012 2:54 PM
To: RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw] Bond claim issue

There is a statute. Section 713.23 says: “(5) A waiver and release of lien pursuant to s. 713.20 http://archive.flsenate.gov/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0713/Sections/0713.20.html given by a lienor shall constitute a waiver and release in a like amount of the lienor’s right to make a claim against a payment bond under this section.” There is at least an argument the same would apply to a 255.05 job, since courts regularly rely on 713 when the answer is not in 255.05.

From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Reese J. Henderson, Jr.
Sent: Friday, April 13, 2012 2:29 PM
To: RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw] Bond claim issue

Larry Leiby will have the site at his fingertips, but there is caselaw that says lien waivers are enforceable to waive rights against a payment bond.

Reese J. Henderson, Jr.

Shareholder

GrayRobinson, P.A.

50 North Laura Street, Suite 1100

Jacksonville, Florida 32202

Main: 904-598-9929 | Fax: 904-598-9109

Email: Reese.Henderson@gray-robinson.com

http://www.gray-robinson.com/ GRAY | ROBINSON

ATTORNEYS AT LAW

This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney-client relationship with the sender.

Disclaimer under Circular 230: Any statements regarding tax matters made herein, including any attachments, are not formal tax opinions by this firm, cannot be relied upon or used by any person to avoid tax penalties, and are not intended to be used or referred to in any marketing or promotional materials.

Please be advised that this law firm may be acting as a debt collector and is attempting to collect a debt and any information provided will be used for that purpose.

From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Glenn T. Williams
Sent: Friday, April 13, 2012 2:18 PM
To: constructionlaw@lists.flabarrpptl.org
Subject: [RPPTL-constructionlaw] Bond claim issue

Any help with the following would be very appreciated:

Subcontractor signs progress payment release of lien rights in the form of Section 713.20(4) (after supplying all materials and performing all work). It’s a government project, there are no lien rights. Same Subcontractor has a bond claim for amounts unpaid (there is both a Section 255.05 bond and a subcontractor common law bond potentially applicable). Is the progress payment release of lien enforceable against Subcontractor to prevent Subcontractor from getting paid the unpaid subcontract amounts?

Thank you very much for your time, and I truly appreciate any help!

Glenn Todd Williams, Esq.
Attorney | Board Certified in Construction Law

Glenn Williams, P.A.
Angebilt Building - Downtown 37 N. Orange Ave, Suite 500
Orlando, Florida 32801
Telephone: 407-926-4100
Facsimile: 407-926-4105

gtwlaw@ymail.com

Description: Description: H:\HTML Signature Block\Construction Law.gif

This email message including attachments, if any, is intended for the use of the individual or entity named above and may contain attorney-client confidential and/or privileged information. If the reader of this message is not the intended recipient, you are hereby notified that any review, use, disclosure, copying, or distribution is strictly prohibited. If you have received this email message in error, please contact the sender by reply email and destroy all copies of the original message including attachments. Thank you.

Pursuant to federal regulations imposed on practitioners who render tax advice ("Circular 230"), we are required to advise you that any tax advice contained herein is not intended or written to be used for the purpose of avoiding tax penalties that may be imposed by the Internal Revenue Service. If this advice is or is intended to be used or referred to in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement, the regulations under Circular 230 require that we advise you as follows: (1) this writing is not intended or written to be used, and it cannot be used, for the purpose of avoiding tax penalties that may be imposed on a taxpayer; (2) the advice was written to support the promotion or marketing of the transaction(s) or matter(s) addressed by the written advice; and (3) the taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor.

IRS CIRCULAR 230 NOTICE: Pursuant to recently enacted
U.S. Treasury Department Regulations, we are now required
to advise you that, unless otherwise expressly indicated,
any federal tax advice expressed above was neither
written nor intended by the sender or this firm to be
used and cannot be used by any taxpayer for the purpose
of avoiding penalties that may be imposed under U.S. tax
law. If any person uses or refers to any such tax advice
in promoting, marketing or recommending a partnership or
other entity, investment plan or arrangement to any
taxpayer, then the advice should be considered to have
been written to support the promotion or marketing by a
person other than the sender or this firm of that
transaction or matter, and such taxpayer should seek
advice based on the taxpayer's particular circumstances
from an independent tax advisor.

The information in this email transmission is privileged
and confidential. If you are not the intended recipient,
nor the employee or agent responsible for delivering it to
the intended recipient, you are hereby notified that any
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email reply. Thank you.

Yes, but 255.05(2)(b) provides the form for a release of bond claim and 255.05(2)(f) provides: A waiver that is not substantially similar to the forms in this subsection is enforceable in accordance with its terms. I would argue that a release is a relinquishment of a known right and that a release of lien claims (which are non-existent because of governmental exemption from liens) is ineffective to waive the right to claim against the bond. Steven F. Thompson, Esq. Thompson & Brooks 412 E. Madison St., Ste 900 Tampa, Fl. 33602 813-387-1821 Fax 813-387-1824 THE ABOVE MAY CONTAIN OR CONSTITUTE A CONFIDENTIAL AND PRIVILEGED COMMUNICATION. IF YOU ARE NOT THE INTENDED RECIPIENT, OR IF YOU HAVE OTHERWISE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY THE OFFICE OF THOMPSON & BROOKS BY TELEPHONE AT (813) 387-1821 [collect] AND INFORM THE OFFICE OF THE ERROR; AND PLEASE DESTROY OR DELETE THIS MESSAGE. THIS MESSAGE MAY NOT BE REVIEWED, PRINTED, DISPLAYED, OR RE-TRANSMITTED WITHOUT THE SENDER'S CONSENT. ALL RIGHTS PROTECTED. THERE MAY BE NO FURTHER DISTRIBUTION OR PUBLICATION OF THIS COMMUNICATION OR ITS CONTENTS WITHOUT THE EXPRESS CONSENT OF THOMPSON & BROOKS. THANK YOU. _____ From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of William L. Grant Sent: Friday, April 13, 2012 2:54 PM To: RPPTL constructionlaw Subject: Re: [RPPTL-constructionlaw] Bond claim issue There is a statute. Section 713.23 says: “(5) A waiver and release of lien pursuant to s. 713.20 <http://archive.flsenate.gov/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0713/Sections/0713.20.html> given by a lienor shall constitute a waiver and release in a like amount of the lienor’s right to make a claim against a payment bond under this section.” There is at least an argument the same would apply to a 255.05 job, since courts regularly rely on 713 when the answer is not in 255.05. From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Reese J. Henderson, Jr. Sent: Friday, April 13, 2012 2:29 PM To: RPPTL constructionlaw Subject: Re: [RPPTL-constructionlaw] Bond claim issue Larry Leiby will have the site at his fingertips, but there is caselaw that says lien waivers are enforceable to waive rights against a payment bond. Reese J. Henderson, Jr. Shareholder GrayRobinson, P.A. 50 North Laura Street, Suite 1100 Jacksonville, Florida 32202 Main: 904-598-9929 | Fax: 904-598-9109 Email: Reese.Henderson@gray-robinson.com <http://www.gray-robinson.com/> GRAY | ROBINSON ATTORNEYS AT LAW This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney-client relationship with the sender. Disclaimer under Circular 230: Any statements regarding tax matters made herein, including any attachments, are not formal tax opinions by this firm, cannot be relied upon or used by any person to avoid tax penalties, and are not intended to be used or referred to in any marketing or promotional materials. Please be advised that this law firm may be acting as a debt collector and is attempting to collect a debt and any information provided will be used for that purpose. _____ From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Glenn T. Williams Sent: Friday, April 13, 2012 2:18 PM To: constructionlaw@lists.flabarrpptl.org Subject: [RPPTL-constructionlaw] Bond claim issue Any help with the following would be very appreciated: Subcontractor signs progress payment release of lien rights in the form of Section 713.20(4) (after supplying all materials and performing all work). It’s a government project, there are no lien rights. Same Subcontractor has a bond claim for amounts unpaid (there is both a Section 255.05 bond and a subcontractor common law bond potentially applicable). Is the progress payment release of lien enforceable against Subcontractor to prevent Subcontractor from getting paid the unpaid subcontract amounts? Thank you very much for your time, and I truly appreciate any help! Glenn Todd Williams, Esq. Attorney | Board Certified in Construction Law Glenn Williams, P.A. Angebilt Building - Downtown 37 N. Orange Ave, Suite 500 Orlando, Florida 32801 Telephone: 407-926-4100 Facsimile: 407-926-4105 gtwlaw@ymail.com Description: Description: H:\HTML Signature Block\Construction Law.gif This email message including attachments, if any, is intended for the use of the individual or entity named above and may contain attorney-client confidential and/or privileged information. If the reader of this message is not the intended recipient, you are hereby notified that any review, use, disclosure, copying, or distribution is strictly prohibited. If you have received this email message in error, please contact the sender by reply email and destroy all copies of the original message including attachments. Thank you. Pursuant to federal regulations imposed on practitioners who render tax advice ("Circular 230"), we are required to advise you that any tax advice contained herein is not intended or written to be used for the purpose of avoiding tax penalties that may be imposed by the Internal Revenue Service. If this advice is or is intended to be used or referred to in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement, the regulations under Circular 230 require that we advise you as follows: (1) this writing is not intended or written to be used, and it cannot be used, for the purpose of avoiding tax penalties that may be imposed on a taxpayer; (2) the advice was written to support the promotion or marketing of the transaction(s) or matter(s) addressed by the written advice; and (3) the taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor. IRS CIRCULAR 230 NOTICE: Pursuant to recently enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice expressed above was neither written nor intended by the sender or this firm to be used and cannot be used by any taxpayer for the purpose of avoiding penalties that may be imposed under U.S. tax law. If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then the advice should be considered to have been written to support the promotion or marketing by a person other than the sender or this firm of that transaction or matter, and such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor. The information in this email transmission is privileged and confidential. If you are not the intended recipient, nor the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination or copying of this transmission (including any attachments) is strictly prohibited. If you have received this email in error, please notify the sender by email reply. Thank you.

ST

Steve Thompson

Fri, Apr 13, 2012 8:07 PM

Yes, but 255.05(2)(b) provides the form for a release of bond claim and
255.05(2)(f) provides:

A waiver that is not substantially similar to the forms in this subsection
is enforceable in accordance with its terms.

I would argue that a release is a relinquishment of a known right and that a
release of lien claims (which are non-existent because of governmental
exemption from liens) is ineffective to waive the right to claim against the
255.05 bond.

Steven F. Thompson, Esq.
Thompson & Brooks
412 E. Madison St., Ste 900
Tampa, Fl. 33602
813-387-1821
Fax 813-387-1824

THE ABOVE MAY CONTAIN OR CONSTITUTE A CONFIDENTIAL
AND PRIVILEGED COMMUNICATION. IF YOU ARE NOT THE INTENDED
RECIPIENT, OR IF YOU HAVE OTHERWISE RECEIVED THIS COMMUNICATION
IN ERROR, PLEASE NOTIFY THE OFFICE OF THOMPSON & BROOKS BY TELEPHONE
AT (813) 387-1821 [collect] AND INFORM THE OFFICE OF THE ERROR;
AND PLEASE DESTROY OR DELETE THIS MESSAGE. THIS MESSAGE MAY NOT
BE REVIEWED, PRINTED, DISPLAYED, OR RE-TRANSMITTED WITHOUT THE
SENDER'S CONSENT. ALL RIGHTS PROTECTED. THERE MAY BE NO FURTHER
DISTRIBUTION OR PUBLICATION OF THIS COMMUNICATION OR ITS CONTENTS
WITHOUT THE EXPRESS CONSENT OF THOMPSON & BROOKS. THANK YOU.

From: constructionlaw-bounces@lists.flabarrpptl.org
[mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Barry
Kalmanson
Sent: Friday, April 13, 2012 3:06 PM
To: constructionlaw@lists.flabarrpptl.org
Subject: Re: [RPPTL-constructionlaw] Bond claim issue

There is a statute on point.

Barry Kalmanson
bkpa1@aol.com

-----Original Message-----
From: Reese J. Henderson, Jr. Reese.Henderson@gray-robinson.com
To: RPPTL constructionlaw constructionlaw@lists.flabarrpptl.org
Sent: Fri, Apr 13, 2012 2:29 pm
Subject: Re: [RPPTL-constructionlaw] Bond claim issue

Larry Leiby will have the site at his fingertips, but there is caselaw that
says lien waivers are enforceable to waive rights against a payment bond.

Reese J. Henderson, Jr.

Shareholder
GrayRobinson, P.A.
50 North Laura Street, Suite 1100
Jacksonville, Florida 32202
Main: 904-598-9929 | Fax: 904-598-9109
Email: Reese.Henderson@gray-robinson.com
GRAY | ROBINSON
ATTORNEYS AT LAW

This e-mail is intended only for the individual(s) or entity(s) named within
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and delete the original message without reading same. Nothing in this e-mail
message shall, in and of itself, create an attorney-client relationship with
the sender.

Disclaimer under Circular 230: Any statements regarding tax matters made
herein, including any attachments, are not formal tax opinions by this firm,
cannot be relied upon or used by any person to avoid tax penalties, and are
not intended to be used or referred to in any marketing or promotional
materials.
Please be advised that this law firm may be acting as a debt collector and
is attempting to collect a debt and any information provided will be used
for that purpose.

From: constructionlaw-bounces@lists.flabarrpptl.org
[mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Glenn T.
Williams
Sent: Friday, April 13, 2012 2:18 PM
To: constructionlaw@lists.flabarrpptl.org
Subject: [RPPTL-constructionlaw] Bond claim issue

Any help with the following would be very appreciated:

Subcontractor signs progress payment release of lien rights in the form of
Section 713.20(4) (after supplying all materials and performing all work).
It's a government project, there are no lien rights. Same Subcontractor has
a bond claim for amounts unpaid (there is both a Section 255.05 bond and a
subcontractor common law bond potentially applicable). Is the progress
payment release of lien enforceable against Subcontractor to prevent
Subcontractor from getting paid the unpaid subcontract amounts?

Thank you very much for your time, and I truly appreciate any help!

Glenn Todd Williams, Esq.
Attorney | Board Certified in Construction Law

Glenn Williams, P.A.
Angebilt Building - Downtown 37 N. Orange Ave, Suite 500
Orlando, Florida 32801
Telephone: 407-926-4100
Facsimile: 407-926-4105
gtwlaw@ymail.com
Description: Description: H:\HTML Signature Block\Construction Law.gif

This email message including attachments, if any, is intended for the use of
the individual or entity named above and may contain attorney-client
confidential and/or privileged information. If the reader of this message
is not the intended recipient, you are hereby notified that any review, use,
disclosure, copying, or distribution is strictly prohibited. If you have
received this email message in error, please contact the sender by reply
email and destroy all copies of the original message including attachments.
Thank you.
Pursuant to federal regulations imposed on practitioners who render tax
advice ("Circular 230"), we are required to advise you that any tax advice
contained herein is not intended or written to be used for the purpose of
avoiding tax penalties that may be imposed by the Internal Revenue Service.
If this advice is or is intended to be used or referred to in promoting,
marketing or recommending a partnership or other entity, investment plan or
arrangement, the regulations under Circular 230 require that we advise you
as follows: (1) this writing is not intended or written to be used, and it
cannot be used, for the purpose of avoiding tax penalties that may be
imposed on a taxpayer; (2) the advice was written to support the promotion
or marketing of the transaction(s) or matter(s) addressed by the written
advice; and (3) the taxpayer should seek advice based on the taxpayer's
particular circumstances from an independent tax advisor.

constructionlaw mailing list

constructionlaw@lists.flabarrpptl.org

http://mailman.fsr.com/mailman/listinfo/constructionlaw

Yes, but 255.05(2)(b) provides the form for a release of bond claim and 255.05(2)(f) provides: A waiver that is not substantially similar to the forms in this subsection is enforceable in accordance with its terms. I would argue that a release is a relinquishment of a known right and that a release of lien claims (which are non-existent because of governmental exemption from liens) is ineffective to waive the right to claim against the 255.05 bond. Steven F. Thompson, Esq. Thompson & Brooks 412 E. Madison St., Ste 900 Tampa, Fl. 33602 813-387-1821 Fax 813-387-1824 THE ABOVE MAY CONTAIN OR CONSTITUTE A CONFIDENTIAL AND PRIVILEGED COMMUNICATION. IF YOU ARE NOT THE INTENDED RECIPIENT, OR IF YOU HAVE OTHERWISE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY THE OFFICE OF THOMPSON & BROOKS BY TELEPHONE AT (813) 387-1821 [collect] AND INFORM THE OFFICE OF THE ERROR; AND PLEASE DESTROY OR DELETE THIS MESSAGE. THIS MESSAGE MAY NOT BE REVIEWED, PRINTED, DISPLAYED, OR RE-TRANSMITTED WITHOUT THE SENDER'S CONSENT. ALL RIGHTS PROTECTED. THERE MAY BE NO FURTHER DISTRIBUTION OR PUBLICATION OF THIS COMMUNICATION OR ITS CONTENTS WITHOUT THE EXPRESS CONSENT OF THOMPSON & BROOKS. THANK YOU. _____ From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Barry Kalmanson Sent: Friday, April 13, 2012 3:06 PM To: constructionlaw@lists.flabarrpptl.org Subject: Re: [RPPTL-constructionlaw] Bond claim issue There is a statute on point. Barry Kalmanson bkpa1@aol.com -----Original Message----- From: Reese J. Henderson, Jr. <Reese.Henderson@gray-robinson.com> To: RPPTL constructionlaw <constructionlaw@lists.flabarrpptl.org> Sent: Fri, Apr 13, 2012 2:29 pm Subject: Re: [RPPTL-constructionlaw] Bond claim issue Larry Leiby will have the site at his fingertips, but there is caselaw that says lien waivers are enforceable to waive rights against a payment bond. Reese J. Henderson, Jr. Shareholder GrayRobinson, P.A. 50 North Laura Street, Suite 1100 Jacksonville, Florida 32202 Main: 904-598-9929 | Fax: 904-598-9109 Email: Reese.Henderson@gray-robinson.com GRAY | ROBINSON ATTORNEYS AT LAW This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney-client relationship with the sender. Disclaimer under Circular 230: Any statements regarding tax matters made herein, including any attachments, are not formal tax opinions by this firm, cannot be relied upon or used by any person to avoid tax penalties, and are not intended to be used or referred to in any marketing or promotional materials. Please be advised that this law firm may be acting as a debt collector and is attempting to collect a debt and any information provided will be used for that purpose. _____ From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Glenn T. Williams Sent: Friday, April 13, 2012 2:18 PM To: constructionlaw@lists.flabarrpptl.org Subject: [RPPTL-constructionlaw] Bond claim issue Any help with the following would be very appreciated: Subcontractor signs progress payment release of lien rights in the form of Section 713.20(4) (after supplying all materials and performing all work). It's a government project, there are no lien rights. Same Subcontractor has a bond claim for amounts unpaid (there is both a Section 255.05 bond and a subcontractor common law bond potentially applicable). Is the progress payment release of lien enforceable against Subcontractor to prevent Subcontractor from getting paid the unpaid subcontract amounts? Thank you very much for your time, and I truly appreciate any help! Glenn Todd Williams, Esq. Attorney | Board Certified in Construction Law Glenn Williams, P.A. Angebilt Building - Downtown 37 N. Orange Ave, Suite 500 Orlando, Florida 32801 Telephone: 407-926-4100 Facsimile: 407-926-4105 gtwlaw@ymail.com Description: Description: H:\HTML Signature Block\Construction Law.gif This email message including attachments, if any, is intended for the use of the individual or entity named above and may contain attorney-client confidential and/or privileged information. If the reader of this message is not the intended recipient, you are hereby notified that any review, use, disclosure, copying, or distribution is strictly prohibited. If you have received this email message in error, please contact the sender by reply email and destroy all copies of the original message including attachments. Thank you. Pursuant to federal regulations imposed on practitioners who render tax advice ("Circular 230"), we are required to advise you that any tax advice contained herein is not intended or written to be used for the purpose of avoiding tax penalties that may be imposed by the Internal Revenue Service. If this advice is or is intended to be used or referred to in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement, the regulations under Circular 230 require that we advise you as follows: (1) this writing is not intended or written to be used, and it cannot be used, for the purpose of avoiding tax penalties that may be imposed on a taxpayer; (2) the advice was written to support the promotion or marketing of the transaction(s) or matter(s) addressed by the written advice; and (3) the taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor. _______________________________________________ constructionlaw mailing list constructionlaw@lists.flabarrpptl.org http://mailman.fsr.com/mailman/listinfo/constructionlaw

GJ

Gregory Johansen

Mon, Apr 16, 2012 8:52 PM

It's a given that you can't lien public property under Chapter 713 and that
the public entity should require a payment bond but what if the public
entity either 1 doesn't require a bond for the work because it's too small a
job or 2 doesn't require a bond even if the project should have a bond? Can
sovereign immunity be waived? What's the best practice to preserve
subcontractor's rights and pursue the claim?

Thanks in advance.

Greg

Gregory J. Johansen

Gregory J. Johansen P.A.

4767 New Broad Street

Orlando FL 32814

407-956-1050

407-514-2604 (fax)

gregoryjohansen@gjjlaw.com

To ensure compliance with Treasury Regulations (31 CFR Part 10, Sec. 10.35),
we

inform you that any tax advice contained in this correspondence was not
intended or written by us to be used, and cannot be used by you or anyone
else, for the purpose of avoiding penalties imposed by the Internal Revenue
Code.

NOTE: This e-mail is from Gregory J. Johansen, P.A., and is intended for the
recipient(s)only. If you received this e-mail in error, please notify the
sender immediately, delete the e-mail and do not copy or disclose it. If you
are not an existing client, do not construe anything in this e-mail to make
you a client unless it contains a specific statement to that effect and do
not disclose anything to Gregory J. Johansen, P.A. that you expect to be
confidential.

If you properly received this e-mail as a client, co-counsel or retained
expert, you should maintain its contents in confidence to preserve the
attorney-client or work product privilege.

From: constructionlaw-bounces@lists.flabarrpptl.org
[mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Steve
Thompson
Sent: Friday, April 13, 2012 4:07 PM
To: 'RPPTL constructionlaw'
Subject: Re: [RPPTL-constructionlaw] Bond claim issue

Yes, but 255.05(2)(b) provides the form for a release of bond claim and
255.05(2)(f) provides:

A waiver that is not substantially similar to the forms in this subsection
is enforceable in accordance with its terms.

I would argue that a release is a relinquishment of a known right and that a
release of lien claims (which are non-existent because of governmental
exemption from liens) is ineffective to waive the right to claim against the
255.05 bond.

Steven F. Thompson, Esq.
Thompson & Brooks
412 E. Madison St., Ste 900
Tampa, Fl. 33602
813-387-1821
Fax 813-387-1824

THE ABOVE MAY CONTAIN OR CONSTITUTE A CONFIDENTIAL
AND PRIVILEGED COMMUNICATION. IF YOU ARE NOT THE INTENDED
RECIPIENT, OR IF YOU HAVE OTHERWISE RECEIVED THIS COMMUNICATION
IN ERROR, PLEASE NOTIFY THE OFFICE OF THOMPSON & BROOKS BY TELEPHONE
AT (813) 387-1821 [collect] AND INFORM THE OFFICE OF THE ERROR;
AND PLEASE DESTROY OR DELETE THIS MESSAGE. THIS MESSAGE MAY NOT
BE REVIEWED, PRINTED, DISPLAYED, OR RE-TRANSMITTED WITHOUT THE
SENDER'S CONSENT. ALL RIGHTS PROTECTED. THERE MAY BE NO FURTHER
DISTRIBUTION OR PUBLICATION OF THIS COMMUNICATION OR ITS CONTENTS
WITHOUT THE EXPRESS CONSENT OF THOMPSON & BROOKS. THANK YOU.

From: constructionlaw-bounces@lists.flabarrpptl.org
[mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Barry
Kalmanson
Sent: Friday, April 13, 2012 3:06 PM
To: constructionlaw@lists.flabarrpptl.org
Subject: Re: [RPPTL-constructionlaw] Bond claim issue

There is a statute on point.

Barry Kalmanson
mailto:bkpa1@aol.com bkpa1@aol.com

-----Original Message-----
From: Reese J. Henderson, Jr. < mailto:Reese.Henderson@gray-robinson.com
Reese.Henderson@gray-robinson.com>
To: RPPTL constructionlaw < mailto:constructionlaw@lists.flabarrpptl.org
constructionlaw@lists.flabarrpptl.org>
Sent: Fri, Apr 13, 2012 2:29 pm
Subject: Re: [RPPTL-constructionlaw] Bond claim issue

Larry Leiby will have the site at his fingertips, but there is caselaw that
says lien waivers are enforceable to waive rights against a payment bond.

Reese J. Henderson, Jr.

Shareholder

GrayRobinson, P.A.

50 North Laura Street, Suite 1100

Jacksonville, Florida 32202

Main: 904-598-9929 | Fax: 904-598-9109

Email: mailto:Reese.Henderson@gray-robinson.com
Reese.Henderson@gray-robinson.com

GRAY | ROBINSON

ATTORNEYS AT LAW

This e-mail is intended only for the individual(s) or entity(s) named within
the message. This e-mail might contain legally privileged and confidential
information. If you properly received this e-mail as a client or retained
expert, please hold it in confidence to protect the attorney-client or work
product privileges. Should the intended recipient forward or disclose this
message to another person or party, that action could constitute a waiver of
the attorney-client privilege. If the reader of this message is not the
intended recipient, or the agent responsible to deliver it to the intended
recipient, you are hereby notified that any review, dissemination,
distribution or copying of this communication is prohibited by the sender
and to do so might constitute a violation of the Electronic Communications
Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received
in error we apologize for the intrusion. Please notify us by reply e-mail
and delete the original message without reading same. Nothing in this e-mail
message shall, in and of itself, create an attorney-client relationship with
the sender.

Disclaimer under Circular 230: Any statements regarding tax matters made
herein, including any attachments, are not formal tax opinions by this firm,
cannot be relied upon or used by any person to avoid tax penalties, and are
not intended to be used or referred to in any marketing or promotional
materials.

Please be advised that this law firm may be acting as a debt collector and
is attempting to collect a debt and any information provided will be used
for that purpose.

From: mailto:constructionlaw-bounces@lists.flabarrpptl.org
constructionlaw-bounces@lists.flabarrpptl.org [
mailto:constructionlaw-bounces@lists.flabarrpptl.org
mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Glenn T.
Williams
Sent: Friday, April 13, 2012 2:18 PM
To: mailto:constructionlaw@lists.flabarrpptl.org
constructionlaw@lists.flabarrpptl.org
Subject: [RPPTL-constructionlaw] Bond claim issue

Any help with the following would be very appreciated:

Subcontractor signs progress payment release of lien rights in the form of
Section 713.20(4) (after supplying all materials and performing all work).
It's a government project, there are no lien rights. Same Subcontractor has
a bond claim for amounts unpaid (there is both a Section 255.05 bond and a
subcontractor common law bond potentially applicable). Is the progress
payment release of lien enforceable against Subcontractor to prevent
Subcontractor from getting paid the unpaid subcontract amounts?

Thank you very much for your time, and I truly appreciate any help!

Glenn Todd Williams, Esq.
Attorney | Board Certified in Construction Law

Glenn Williams, P.A.
Angebilt Building - Downtown 37 N. Orange Ave, Suite 500
Orlando, Florida 32801
Telephone: 407-926-4100
Facsimile: 407-926-4105

mailto:gtwlaw@ymail.com gtwlaw@ymail.com

This email message including attachments, if any, is intended for the use of
the individual or entity named above and may contain attorney-client
confidential and/or privileged information. If the reader of this message
is not the intended recipient, you are hereby notified that any review, use,
disclosure, copying, or distribution is strictly prohibited. If you have
received this email message in error, please contact the sender by reply
email and destroy all copies of the original message including attachments.
Thank you.

Pursuant to federal regulations imposed on practitioners who render tax
advice ("Circular 230"), we are required to advise you that any tax advice
contained herein is not intended or written to be used for the purpose of
avoiding tax penalties that may be imposed by the Internal Revenue Service.
If this advice is or is intended to be used or referred to in promoting,
marketing or recommending a partnership or other entity, investment plan or
arrangement, the regulations under Circular 230 require that we advise you
as follows: (1) this writing is not intended or written to be used, and it
cannot be used, for the purpose of avoiding tax penalties that may be
imposed on a taxpayer; (2) the advice was written to support the promotion
or marketing of the transaction(s) or matter(s) addressed by the written
advice; and (3) the taxpayer should seek advice based on the taxpayer's
particular circumstances from an independent tax advisor.

constructionlaw mailing list
mailto:constructionlaw@lists.flabarrpptl.org
constructionlaw@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/constructionlaw
http://mailman.fsr.com/mailman/listinfo/constructionlaw

It's a given that you can't lien public property under Chapter 713 and that the public entity should require a payment bond but what if the public entity either 1 doesn't require a bond for the work because it's too small a job or 2 doesn't require a bond even if the project should have a bond? Can sovereign immunity be waived? What's the best practice to preserve subcontractor's rights and pursue the claim? Thanks in advance. Greg Gregory J. Johansen Gregory J. Johansen P.A. 4767 New Broad Street Orlando FL 32814 407-956-1050 407-514-2604 (fax) gregoryjohansen@gjjlaw.com To ensure compliance with Treasury Regulations (31 CFR Part 10, Sec. 10.35), we inform you that any tax advice contained in this correspondence was not intended or written by us to be used, and cannot be used by you or anyone else, for the purpose of avoiding penalties imposed by the Internal Revenue Code. ___________ NOTE: This e-mail is from Gregory J. Johansen, P.A., and is intended for the recipient(s)only. If you received this e-mail in error, please notify the sender immediately, delete the e-mail and do not copy or disclose it. If you are not an existing client, do not construe anything in this e-mail to make you a client unless it contains a specific statement to that effect and do not disclose anything to Gregory J. Johansen, P.A. that you expect to be confidential. If you properly received this e-mail as a client, co-counsel or retained expert, you should maintain its contents in confidence to preserve the attorney-client or work product privilege. From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Steve Thompson Sent: Friday, April 13, 2012 4:07 PM To: 'RPPTL constructionlaw' Subject: Re: [RPPTL-constructionlaw] Bond claim issue Yes, but 255.05(2)(b) provides the form for a release of bond claim and 255.05(2)(f) provides: A waiver that is not substantially similar to the forms in this subsection is enforceable in accordance with its terms. I would argue that a release is a relinquishment of a known right and that a release of lien claims (which are non-existent because of governmental exemption from liens) is ineffective to waive the right to claim against the 255.05 bond. Steven F. Thompson, Esq. Thompson & Brooks 412 E. Madison St., Ste 900 Tampa, Fl. 33602 813-387-1821 Fax 813-387-1824 THE ABOVE MAY CONTAIN OR CONSTITUTE A CONFIDENTIAL AND PRIVILEGED COMMUNICATION. IF YOU ARE NOT THE INTENDED RECIPIENT, OR IF YOU HAVE OTHERWISE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY THE OFFICE OF THOMPSON & BROOKS BY TELEPHONE AT (813) 387-1821 [collect] AND INFORM THE OFFICE OF THE ERROR; AND PLEASE DESTROY OR DELETE THIS MESSAGE. THIS MESSAGE MAY NOT BE REVIEWED, PRINTED, DISPLAYED, OR RE-TRANSMITTED WITHOUT THE SENDER'S CONSENT. ALL RIGHTS PROTECTED. THERE MAY BE NO FURTHER DISTRIBUTION OR PUBLICATION OF THIS COMMUNICATION OR ITS CONTENTS WITHOUT THE EXPRESS CONSENT OF THOMPSON & BROOKS. THANK YOU. _____ From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Barry Kalmanson Sent: Friday, April 13, 2012 3:06 PM To: constructionlaw@lists.flabarrpptl.org Subject: Re: [RPPTL-constructionlaw] Bond claim issue There is a statute on point. Barry Kalmanson <mailto:bkpa1@aol.com> bkpa1@aol.com -----Original Message----- From: Reese J. Henderson, Jr. < <mailto:Reese.Henderson@gray-robinson.com> Reese.Henderson@gray-robinson.com> To: RPPTL constructionlaw < <mailto:constructionlaw@lists.flabarrpptl.org> constructionlaw@lists.flabarrpptl.org> Sent: Fri, Apr 13, 2012 2:29 pm Subject: Re: [RPPTL-constructionlaw] Bond claim issue Larry Leiby will have the site at his fingertips, but there is caselaw that says lien waivers are enforceable to waive rights against a payment bond. Reese J. Henderson, Jr. Shareholder GrayRobinson, P.A. 50 North Laura Street, Suite 1100 Jacksonville, Florida 32202 Main: 904-598-9929 | Fax: 904-598-9109 Email: <mailto:Reese.Henderson@gray-robinson.com> Reese.Henderson@gray-robinson.com GRAY | ROBINSON ATTORNEYS AT LAW This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney-client relationship with the sender. Disclaimer under Circular 230: Any statements regarding tax matters made herein, including any attachments, are not formal tax opinions by this firm, cannot be relied upon or used by any person to avoid tax penalties, and are not intended to be used or referred to in any marketing or promotional materials. Please be advised that this law firm may be acting as a debt collector and is attempting to collect a debt and any information provided will be used for that purpose. _____ From: <mailto:constructionlaw-bounces@lists.flabarrpptl.org> constructionlaw-bounces@lists.flabarrpptl.org [ <mailto:constructionlaw-bounces@lists.flabarrpptl.org> mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Glenn T. Williams Sent: Friday, April 13, 2012 2:18 PM To: <mailto:constructionlaw@lists.flabarrpptl.org> constructionlaw@lists.flabarrpptl.org Subject: [RPPTL-constructionlaw] Bond claim issue Any help with the following would be very appreciated: Subcontractor signs progress payment release of lien rights in the form of Section 713.20(4) (after supplying all materials and performing all work). It's a government project, there are no lien rights. Same Subcontractor has a bond claim for amounts unpaid (there is both a Section 255.05 bond and a subcontractor common law bond potentially applicable). Is the progress payment release of lien enforceable against Subcontractor to prevent Subcontractor from getting paid the unpaid subcontract amounts? Thank you very much for your time, and I truly appreciate any help! Glenn Todd Williams, Esq. Attorney | Board Certified in Construction Law Glenn Williams, P.A. Angebilt Building - Downtown 37 N. Orange Ave, Suite 500 Orlando, Florida 32801 Telephone: 407-926-4100 Facsimile: 407-926-4105 <mailto:gtwlaw@ymail.com> gtwlaw@ymail.com This email message including attachments, if any, is intended for the use of the individual or entity named above and may contain attorney-client confidential and/or privileged information. If the reader of this message is not the intended recipient, you are hereby notified that any review, use, disclosure, copying, or distribution is strictly prohibited. If you have received this email message in error, please contact the sender by reply email and destroy all copies of the original message including attachments. Thank you. Pursuant to federal regulations imposed on practitioners who render tax advice ("Circular 230"), we are required to advise you that any tax advice contained herein is not intended or written to be used for the purpose of avoiding tax penalties that may be imposed by the Internal Revenue Service. If this advice is or is intended to be used or referred to in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement, the regulations under Circular 230 require that we advise you as follows: (1) this writing is not intended or written to be used, and it cannot be used, for the purpose of avoiding tax penalties that may be imposed on a taxpayer; (2) the advice was written to support the promotion or marketing of the transaction(s) or matter(s) addressed by the written advice; and (3) the taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor. _______________________________________________ constructionlaw mailing list <mailto:constructionlaw@lists.flabarrpptl.org> constructionlaw@lists.flabarrpptl.org <http://mailman.fsr.com/mailman/listinfo/constructionlaw> http://mailman.fsr.com/mailman/listinfo/constructionlaw

LE

Lohrer, Edward

Mon, Apr 16, 2012 9:01 PM

If there are retainage funds (which there should be) you can impose an
equitable lien against them. Sovereign immunity is not a defense if
there was no bond in place.

See School Board of Broward County v. Trane, Co., 840 So. 2d 1095, 1097
(Fla. 4th DCA 2003)

Edward C. Lohrer
Attorney at Law
Board Certified Construction Lawyer
Becker & Poliakoff, P.A.
Emerald Lake Corporate Park
3111 Stirling Road
Fort Lauderdale, FL 33312-6525

954.987.7550 Phone
954.985.4176 Fax

ELohrer@becker-poliakoff.com
http://www.becker-poliakoff.com

Our clients' total satisfaction is our #1 priority. The Becker & Poliakoff Client CARE Center is available for questions, concerns and suggestions. Please contact us at 954.364.6090 or via email at CARE@becker-poliakoff.com.

From: constructionlaw-bounces@lists.flabarrpptl.org
[mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of
Gregory Johansen
Sent: Monday, April 16, 2012 4:53 PM
To: 'RPPTL constructionlaw'
Subject: Re: [RPPTL-constructionlaw] Lien issue with public entity

It's a given that you can't lien public property under Chapter 713 and
that the public entity should require a payment bond but what if the
public entity either 1 doesn't require a bond for the work because it's
too small a job or 2 doesn't require a bond even if the project should
have a bond? Can sovereign immunity be waived? What's the best practice
to preserve subcontractor's rights and pursue the claim?

Thanks in advance.

Greg

Gregory J. Johansen

Gregory J. Johansen P.A.

4767 New Broad Street

Orlando FL 32814

407-956-1050

407-514-2604 (fax)

gregoryjohansen@gjjlaw.com

To ensure compliance with Treasury Regulations (31 CFR Part 10, Sec.
10.35), we

inform you that any tax advice contained in this correspondence was not
intended or written by us to be used, and cannot be used by you or
anyone else, for the purpose of avoiding penalties imposed by the
Internal Revenue Code.

NOTE: This e-mail is from Gregory J. Johansen, P.A., and is intended for
the recipient(s)only. If you received this e-mail in error, please
notify the sender immediately, delete the e-mail and do not copy or
disclose it. If you are not an existing client, do not construe anything
in this e-mail to make you a client unless it contains a specific
statement to that effect and do not disclose anything to Gregory J.
Johansen, P.A. that you expect to be confidential.

If you properly received this e-mail as a client, co-counsel or retained
expert, you should maintain its contents in confidence to preserve the
attorney-client or work product privilege.

From: constructionlaw-bounces@lists.flabarrpptl.org
[mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of
Steve Thompson
Sent: Friday, April 13, 2012 4:07 PM
To: 'RPPTL constructionlaw'
Subject: Re: [RPPTL-constructionlaw] Bond claim issue

Yes, but 255.05(2)(b) provides the form for a release of bond claim and
255.05(2)(f) provides:

A waiver that is not substantially similar to the forms in this
subsection is enforceable in accordance with its terms.

I would argue that a release is a relinquishment of a known right and
that a release of lien claims (which are non-existent because of
governmental exemption from liens) is ineffective to waive the right to
claim against the 255.05 bond.

Steven F. Thompson, Esq.
Thompson & Brooks
412 E. Madison St., Ste 900
Tampa, Fl. 33602
813-387-1821
Fax 813-387-1824

THE ABOVE MAY CONTAIN OR CONSTITUTE A CONFIDENTIAL
AND PRIVILEGED COMMUNICATION. IF YOU ARE NOT THE INTENDED
RECIPIENT, OR IF YOU HAVE OTHERWISE RECEIVED THIS COMMUNICATION
IN ERROR, PLEASE NOTIFY THE OFFICE OF THOMPSON & BROOKS BY TELEPHONE
AT (813) 387-1821 [collect] AND INFORM THE OFFICE OF THE ERROR;
AND PLEASE DESTROY OR DELETE THIS MESSAGE. THIS MESSAGE MAY NOT
BE REVIEWED, PRINTED, DISPLAYED, OR RE-TRANSMITTED WITHOUT THE
SENDER'S CONSENT. ALL RIGHTS PROTECTED. THERE MAY BE NO FURTHER
DISTRIBUTION OR PUBLICATION OF THIS COMMUNICATION OR ITS CONTENTS
WITHOUT THE EXPRESS CONSENT OF THOMPSON & BROOKS. THANK YOU.

From: constructionlaw-bounces@lists.flabarrpptl.org
[mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of
Barry Kalmanson
Sent: Friday, April 13, 2012 3:06 PM
To: constructionlaw@lists.flabarrpptl.org
Subject: Re: [RPPTL-constructionlaw] Bond claim issue

There is a statute on point.

Barry Kalmanson
bkpa1@aol.com mailto:bkpa1@aol.com

-----Original Message-----
From: Reese J. Henderson, Jr. <Reese.Henderson@gray-robinson.com
mailto:Reese.Henderson@gray-robinson.com >
To: RPPTL constructionlaw <constructionlaw@lists.flabarrpptl.org
mailto:constructionlaw@lists.flabarrpptl.org >
Sent: Fri, Apr 13, 2012 2:29 pm
Subject: Re: [RPPTL-constructionlaw] Bond claim issue

Larry Leiby will have the site at his fingertips, but there is caselaw
that says lien waivers are enforceable to waive rights against a payment
bond.

Reese J. Henderson, Jr.

Shareholder

GrayRobinson, P.A.

50 North Laura Street, Suite 1100

Jacksonville, Florida 32202

Main: 904-598-9929 | Fax: 904-598-9109

Email: Reese.Henderson@gray-robinson.com
mailto:Reese.Henderson@gray-robinson.com

GRAY | ROBINSON

ATTORNEYS AT LAW

This e-mail is intended only for the individual(s) or entity(s) named
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with the sender.

Disclaimer under Circular 230: Any statements regarding tax matters made
herein, including any attachments, are not formal tax opinions by this
firm, cannot be relied upon or used by any person to avoid tax
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Please be advised that this law firm may be acting as a debt collector
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From: constructionlaw-bounces@lists.flabarrpptl.org
mailto:constructionlaw-bounces@lists.flabarrpptl.org
[mailto:constructionlaw-bounces@lists.flabarrpptl.org
mailto:constructionlaw-bounces@lists.flabarrpptl.org ] On Behalf Of
Glenn T. Williams
Sent: Friday, April 13, 2012 2:18 PM
To: constructionlaw@lists.flabarrpptl.org
mailto:constructionlaw@lists.flabarrpptl.org
Subject: [RPPTL-constructionlaw] Bond claim issue

Any help with the following would be very appreciated:

Subcontractor signs progress payment release of lien rights in the form
of Section 713.20(4) (after supplying all materials and performing all
work). It's a government project, there are no lien rights. Same
Subcontractor has a bond claim for amounts unpaid (there is both a
Section 255.05 bond and a subcontractor common law bond potentially
applicable). Is the progress payment release of lien enforceable
against Subcontractor to prevent Subcontractor from getting paid the
unpaid subcontract amounts?

Thank you very much for your time, and I truly appreciate any help!

Glenn Todd Williams, Esq.
Attorney | Board Certified in Construction Law

Glenn Williams, P.A.
Angebilt Building - Downtown 37 N. Orange Ave, Suite 500
Orlando, Florida 32801
Telephone: 407-926-4100
Facsimile: 407-926-4105

gtwlaw@ymail.com mailto:gtwlaw@ymail.com

This email message including attachments, if any, is intended for the
use of the individual or entity named above and may contain
attorney-client confidential and/or privileged information. If the
reader of this message is not the intended recipient, you are hereby
notified that any review, use, disclosure, copying, or distribution is
strictly prohibited. If you have received this email message in error,
please contact the sender by reply email and destroy all copies of the
original message including attachments. Thank you.

Pursuant to federal regulations imposed on practitioners who render tax
advice ("Circular 230"), we are required to advise you that any tax
advice contained herein is not intended or written to be used for the
purpose of avoiding tax penalties that may be imposed by the Internal
Revenue Service. If this advice is or is intended to be used or
referred to in promoting, marketing or recommending a partnership or
other entity, investment plan or arrangement, the regulations under
Circular 230 require that we advise you as follows: (1) this writing is
not intended or written to be used, and it cannot be used, for the
purpose of avoiding tax penalties that may be imposed on a taxpayer; (2)
the advice was written to support the promotion or marketing of the
transaction(s) or matter(s) addressed by the written advice; and (3) the
taxpayer should seek advice based on the taxpayer's particular
circumstances from an independent tax advisor.

constructionlaw mailing list
constructionlaw@lists.flabarrpptl.org
mailto:constructionlaw@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/constructionlaw
http://mailman.fsr.com/mailman/listinfo/constructionlaw

If there are retainage funds (which there should be) you can impose an equitable lien against them. Sovereign immunity is not a defense if there was no bond in place. See School Board of Broward County v. Trane, Co., 840 So. 2d 1095, 1097 (Fla. 4th DCA 2003) Edward C. Lohrer Attorney at Law Board Certified Construction Lawyer Becker & Poliakoff, P.A. Emerald Lake Corporate Park 3111 Stirling Road Fort Lauderdale, FL 33312-6525 954.987.7550 Phone 954.985.4176 Fax ELohrer@becker-poliakoff.com http://www.becker-poliakoff.com Our clients' total satisfaction is our #1 priority. The Becker & Poliakoff Client CARE Center is available for questions, concerns and suggestions. Please contact us at 954.364.6090 or via email at CARE@becker-poliakoff.com. ________________________________ From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Gregory Johansen Sent: Monday, April 16, 2012 4:53 PM To: 'RPPTL constructionlaw' Subject: Re: [RPPTL-constructionlaw] Lien issue with public entity It's a given that you can't lien public property under Chapter 713 and that the public entity should require a payment bond but what if the public entity either 1 doesn't require a bond for the work because it's too small a job or 2 doesn't require a bond even if the project should have a bond? Can sovereign immunity be waived? What's the best practice to preserve subcontractor's rights and pursue the claim? Thanks in advance. Greg Gregory J. Johansen Gregory J. Johansen P.A. 4767 New Broad Street Orlando FL 32814 407-956-1050 407-514-2604 (fax) gregoryjohansen@gjjlaw.com To ensure compliance with Treasury Regulations (31 CFR Part 10, Sec. 10.35), we inform you that any tax advice contained in this correspondence was not intended or written by us to be used, and cannot be used by you or anyone else, for the purpose of avoiding penalties imposed by the Internal Revenue Code. ___________ NOTE: This e-mail is from Gregory J. Johansen, P.A., and is intended for the recipient(s)only. If you received this e-mail in error, please notify the sender immediately, delete the e-mail and do not copy or disclose it. If you are not an existing client, do not construe anything in this e-mail to make you a client unless it contains a specific statement to that effect and do not disclose anything to Gregory J. Johansen, P.A. that you expect to be confidential. If you properly received this e-mail as a client, co-counsel or retained expert, you should maintain its contents in confidence to preserve the attorney-client or work product privilege. From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Steve Thompson Sent: Friday, April 13, 2012 4:07 PM To: 'RPPTL constructionlaw' Subject: Re: [RPPTL-constructionlaw] Bond claim issue Yes, but 255.05(2)(b) provides the form for a release of bond claim and 255.05(2)(f) provides: A waiver that is not substantially similar to the forms in this subsection is enforceable in accordance with its terms. I would argue that a release is a relinquishment of a known right and that a release of lien claims (which are non-existent because of governmental exemption from liens) is ineffective to waive the right to claim against the 255.05 bond. Steven F. Thompson, Esq. Thompson & Brooks 412 E. Madison St., Ste 900 Tampa, Fl. 33602 813-387-1821 Fax 813-387-1824 THE ABOVE MAY CONTAIN OR CONSTITUTE A CONFIDENTIAL AND PRIVILEGED COMMUNICATION. IF YOU ARE NOT THE INTENDED RECIPIENT, OR IF YOU HAVE OTHERWISE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY THE OFFICE OF THOMPSON & BROOKS BY TELEPHONE AT (813) 387-1821 [collect] AND INFORM THE OFFICE OF THE ERROR; AND PLEASE DESTROY OR DELETE THIS MESSAGE. THIS MESSAGE MAY NOT BE REVIEWED, PRINTED, DISPLAYED, OR RE-TRANSMITTED WITHOUT THE SENDER'S CONSENT. ALL RIGHTS PROTECTED. THERE MAY BE NO FURTHER DISTRIBUTION OR PUBLICATION OF THIS COMMUNICATION OR ITS CONTENTS WITHOUT THE EXPRESS CONSENT OF THOMPSON & BROOKS. THANK YOU. ________________________________ From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Barry Kalmanson Sent: Friday, April 13, 2012 3:06 PM To: constructionlaw@lists.flabarrpptl.org Subject: Re: [RPPTL-constructionlaw] Bond claim issue There is a statute on point. Barry Kalmanson bkpa1@aol.com <mailto:bkpa1@aol.com> -----Original Message----- From: Reese J. Henderson, Jr. <Reese.Henderson@gray-robinson.com <mailto:Reese.Henderson@gray-robinson.com> > To: RPPTL constructionlaw <constructionlaw@lists.flabarrpptl.org <mailto:constructionlaw@lists.flabarrpptl.org> > Sent: Fri, Apr 13, 2012 2:29 pm Subject: Re: [RPPTL-constructionlaw] Bond claim issue Larry Leiby will have the site at his fingertips, but there is caselaw that says lien waivers are enforceable to waive rights against a payment bond. Reese J. Henderson, Jr. Shareholder GrayRobinson, P.A. 50 North Laura Street, Suite 1100 Jacksonville, Florida 32202 Main: 904-598-9929 | Fax: 904-598-9109 Email: Reese.Henderson@gray-robinson.com <mailto:Reese.Henderson@gray-robinson.com> GRAY | ROBINSON ATTORNEYS AT LAW This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney-client relationship with the sender. Disclaimer under Circular 230: Any statements regarding tax matters made herein, including any attachments, are not formal tax opinions by this firm, cannot be relied upon or used by any person to avoid tax penalties, and are not intended to be used or referred to in any marketing or promotional materials. Please be advised that this law firm may be acting as a debt collector and is attempting to collect a debt and any information provided will be used for that purpose. ________________________________ From: constructionlaw-bounces@lists.flabarrpptl.org <mailto:constructionlaw-bounces@lists.flabarrpptl.org> [mailto:constructionlaw-bounces@lists.flabarrpptl.org <mailto:constructionlaw-bounces@lists.flabarrpptl.org> ] On Behalf Of Glenn T. Williams Sent: Friday, April 13, 2012 2:18 PM To: constructionlaw@lists.flabarrpptl.org <mailto:constructionlaw@lists.flabarrpptl.org> Subject: [RPPTL-constructionlaw] Bond claim issue Any help with the following would be very appreciated: Subcontractor signs progress payment release of lien rights in the form of Section 713.20(4) (after supplying all materials and performing all work). It's a government project, there are no lien rights. Same Subcontractor has a bond claim for amounts unpaid (there is both a Section 255.05 bond and a subcontractor common law bond potentially applicable). Is the progress payment release of lien enforceable against Subcontractor to prevent Subcontractor from getting paid the unpaid subcontract amounts? Thank you very much for your time, and I truly appreciate any help! Glenn Todd Williams, Esq. Attorney | Board Certified in Construction Law Glenn Williams, P.A. Angebilt Building - Downtown 37 N. Orange Ave, Suite 500 Orlando, Florida 32801 Telephone: 407-926-4100 Facsimile: 407-926-4105 gtwlaw@ymail.com <mailto:gtwlaw@ymail.com> This email message including attachments, if any, is intended for the use of the individual or entity named above and may contain attorney-client confidential and/or privileged information. If the reader of this message is not the intended recipient, you are hereby notified that any review, use, disclosure, copying, or distribution is strictly prohibited. If you have received this email message in error, please contact the sender by reply email and destroy all copies of the original message including attachments. Thank you. Pursuant to federal regulations imposed on practitioners who render tax advice ("Circular 230"), we are required to advise you that any tax advice contained herein is not intended or written to be used for the purpose of avoiding tax penalties that may be imposed by the Internal Revenue Service. If this advice is or is intended to be used or referred to in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement, the regulations under Circular 230 require that we advise you as follows: (1) this writing is not intended or written to be used, and it cannot be used, for the purpose of avoiding tax penalties that may be imposed on a taxpayer; (2) the advice was written to support the promotion or marketing of the transaction(s) or matter(s) addressed by the written advice; and (3) the taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor. _______________________________________________ constructionlaw mailing list constructionlaw@lists.flabarrpptl.org <mailto:constructionlaw@lists.flabarrpptl.org> http://mailman.fsr.com/mailman/listinfo/constructionlaw <http://mailman.fsr.com/mailman/listinfo/constructionlaw>

BP

Bruce Partington

Mon, Apr 16, 2012 9:12 PM

See Palm Beach County v. Trinity Inds., 661 So. 2d 942 (Fla. 4th DCA
1995), and Warren f/u/b/o Hughes Supply Co. v. Glenns Falls Idem. Co.,
66 So. 2d 54 (1953).

Bruce D. Partington

Clark Partington

bpartington@cphlaw.com mailto:bpartington@cphlaw.com

Direct: 850-432-1399

Fax: 850-432-7340

*Board Certified in Construction Law

NOTICE: This e-mail message and any attachments are private
communication sent by the law firm of Clark Partington Hart Larry Bond &
Stackhouse, and may contain confidential, legally privileged information
meant solely for the intended recipient. If you are not the intended
recipient, you are hereby notified that any use, dissemination,
distribution or copying of this communication is strictly prohibited.
Please notify the sender immediately by replying to this message, and
delete the e-mail and any attachments from your system. Thank you.

From: constructionlaw-bounces@lists.flabarrpptl.org
[mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of
Gregory Johansen
Sent: Monday, April 16, 2012 3:53 PM
To: 'RPPTL constructionlaw'
Subject: Re: [RPPTL-constructionlaw] Lien issue with public entity

It's a given that you can't lien public property under Chapter 713 and
that the public entity should require a payment bond but what if the
public entity either 1 doesn't require a bond for the work because it's
too small a job or 2 doesn't require a bond even if the project should
have a bond? Can sovereign immunity be waived? What's the best practice
to preserve subcontractor's rights and pursue the claim?

Thanks in advance.

Greg

Gregory J. Johansen

Gregory J. Johansen P.A.

4767 New Broad Street

Orlando FL 32814

407-956-1050

407-514-2604 (fax)

gregoryjohansen@gjjlaw.com

To ensure compliance with Treasury Regulations (31 CFR Part 10, Sec.
10.35), we

inform you that any tax advice contained in this correspondence was not
intended or written by us to be used, and cannot be used by you or
anyone else, for the purpose of avoiding penalties imposed by the
Internal Revenue Code.

NOTE: This e-mail is from Gregory J. Johansen, P.A., and is intended for
the recipient(s)only. If you received this e-mail in error, please
notify the sender immediately, delete the e-mail and do not copy or
disclose it. If you are not an existing client, do not construe anything
in this e-mail to make you a client unless it contains a specific
statement to that effect and do not disclose anything to Gregory J.
Johansen, P.A. that you expect to be confidential.

If you properly received this e-mail as a client, co-counsel or retained
expert, you should maintain its contents in confidence to preserve the
attorney-client or work product privilege.

From: constructionlaw-bounces@lists.flabarrpptl.org
[mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of
Steve Thompson
Sent: Friday, April 13, 2012 4:07 PM
To: 'RPPTL constructionlaw'
Subject: Re: [RPPTL-constructionlaw] Bond claim issue

Yes, but 255.05(2)(b) provides the form for a release of bond claim and
255.05(2)(f) provides:

A waiver that is not substantially similar to the forms in this
subsection is enforceable in accordance with its terms.

I would argue that a release is a relinquishment of a known right and
that a release of lien claims (which are non-existent because of
governmental exemption from liens) is ineffective to waive the right to
claim against the 255.05 bond.

Steven F. Thompson, Esq.
Thompson & Brooks
412 E. Madison St., Ste 900
Tampa, Fl. 33602
813-387-1821
Fax 813-387-1824

THE ABOVE MAY CONTAIN OR CONSTITUTE A CONFIDENTIAL
AND PRIVILEGED COMMUNICATION. IF YOU ARE NOT THE INTENDED
RECIPIENT, OR IF YOU HAVE OTHERWISE RECEIVED THIS COMMUNICATION
IN ERROR, PLEASE NOTIFY THE OFFICE OF THOMPSON & BROOKS BY TELEPHONE
AT (813) 387-1821 [collect] AND INFORM THE OFFICE OF THE ERROR;
AND PLEASE DESTROY OR DELETE THIS MESSAGE. THIS MESSAGE MAY NOT
BE REVIEWED, PRINTED, DISPLAYED, OR RE-TRANSMITTED WITHOUT THE
SENDER'S CONSENT. ALL RIGHTS PROTECTED. THERE MAY BE NO FURTHER
DISTRIBUTION OR PUBLICATION OF THIS COMMUNICATION OR ITS CONTENTS
WITHOUT THE EXPRESS CONSENT OF THOMPSON & BROOKS. THANK YOU.

From: constructionlaw-bounces@lists.flabarrpptl.org
[mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of
Barry Kalmanson
Sent: Friday, April 13, 2012 3:06 PM
To: constructionlaw@lists.flabarrpptl.org
Subject: Re: [RPPTL-constructionlaw] Bond claim issue

There is a statute on point.

Barry Kalmanson
bkpa1@aol.com mailto:bkpa1@aol.com

-----Original Message-----
From: Reese J. Henderson, Jr. <Reese.Henderson@gray-robinson.com
mailto:Reese.Henderson@gray-robinson.com >
To: RPPTL constructionlaw <constructionlaw@lists.flabarrpptl.org
mailto:constructionlaw@lists.flabarrpptl.org >
Sent: Fri, Apr 13, 2012 2:29 pm
Subject: Re: [RPPTL-constructionlaw] Bond claim issue

Larry Leiby will have the site at his fingertips, but there is caselaw
that says lien waivers are enforceable to waive rights against a payment
bond.

Reese J. Henderson, Jr.

Shareholder

GrayRobinson, P.A.

50 North Laura Street, Suite 1100

Jacksonville, Florida 32202

Main: 904-598-9929 | Fax: 904-598-9109

Email: Reese.Henderson@gray-robinson.com
mailto:Reese.Henderson@gray-robinson.com

GRAY | ROBINSON

ATTORNEYS AT LAW

This e-mail is intended only for the individual(s) or entity(s) named
within the message. This e-mail might contain legally privileged and
confidential information. If you properly received this e-mail as a
client or retained expert, please hold it in confidence to protect the
attorney-client or work product privileges. Should the intended
recipient forward or disclose this message to another person or party,
that action could constitute a waiver of the attorney-client privilege.
If the reader of this message is not the intended recipient, or the
agent responsible to deliver it to the intended recipient, you are
hereby notified that any review, dissemination, distribution or copying
of this communication is prohibited by the sender and to do so might
constitute a violation of the Electronic Communications Privacy Act, 18
U.S.C. section 2510-2521. If this communication was received in error we
apologize for the intrusion. Please notify us by reply e-mail and delete
the original message without reading same. Nothing in this e-mail
message shall, in and of itself, create an attorney-client relationship
with the sender.

Disclaimer under Circular 230: Any statements regarding tax matters made
herein, including any attachments, are not formal tax opinions by this
firm, cannot be relied upon or used by any person to avoid tax
penalties, and are not intended to be used or referred to in any
marketing or promotional materials.

Please be advised that this law firm may be acting as a debt collector
and is attempting to collect a debt and any information provided will be
used for that purpose.

From: constructionlaw-bounces@lists.flabarrpptl.org
mailto:constructionlaw-bounces@lists.flabarrpptl.org
[mailto:constructionlaw-bounces@lists.flabarrpptl.org
mailto:constructionlaw-bounces@lists.flabarrpptl.org ] On Behalf Of
Glenn T. Williams
Sent: Friday, April 13, 2012 2:18 PM
To: constructionlaw@lists.flabarrpptl.org
mailto:constructionlaw@lists.flabarrpptl.org
Subject: [RPPTL-constructionlaw] Bond claim issue

Any help with the following would be very appreciated:

Subcontractor signs progress payment release of lien rights in the form
of Section 713.20(4) (after supplying all materials and performing all
work). It's a government project, there are no lien rights. Same
Subcontractor has a bond claim for amounts unpaid (there is both a
Section 255.05 bond and a subcontractor common law bond potentially
applicable). Is the progress payment release of lien enforceable
against Subcontractor to prevent Subcontractor from getting paid the
unpaid subcontract amounts?

Thank you very much for your time, and I truly appreciate any help!

Glenn Todd Williams, Esq.
Attorney | Board Certified in Construction Law

Glenn Williams, P.A.
Angebilt Building - Downtown 37 N. Orange Ave, Suite 500
Orlando, Florida 32801
Telephone: 407-926-4100
Facsimile: 407-926-4105

gtwlaw@ymail.com mailto:gtwlaw@ymail.com

This email message including attachments, if any, is intended for the
use of the individual or entity named above and may contain
attorney-client confidential and/or privileged information. If the
reader of this message is not the intended recipient, you are hereby
notified that any review, use, disclosure, copying, or distribution is
strictly prohibited. If you have received this email message in error,
please contact the sender by reply email and destroy all copies of the
original message including attachments. Thank you.

Pursuant to federal regulations imposed on practitioners who render tax
advice ("Circular 230"), we are required to advise you that any tax
advice contained herein is not intended or written to be used for the
purpose of avoiding tax penalties that may be imposed by the Internal
Revenue Service. If this advice is or is intended to be used or
referred to in promoting, marketing or recommending a partnership or
other entity, investment plan or arrangement, the regulations under
Circular 230 require that we advise you as follows: (1) this writing is
not intended or written to be used, and it cannot be used, for the
purpose of avoiding tax penalties that may be imposed on a taxpayer; (2)
the advice was written to support the promotion or marketing of the
transaction(s) or matter(s) addressed by the written advice; and (3) the
taxpayer should seek advice based on the taxpayer's particular
circumstances from an independent tax advisor.

constructionlaw mailing list
constructionlaw@lists.flabarrpptl.org
mailto:constructionlaw@lists.flabarrpptl.org
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See Palm Beach County v. Trinity Inds., 661 So. 2d 942 (Fla. 4th DCA 1995), and Warren f/u/b/o Hughes Supply Co. v. Glenns Falls Idem. Co., 66 So. 2d 54 (1953). Bruce D. Partington Clark Partington bpartington@cphlaw.com <mailto:bpartington@cphlaw.com> Direct: 850-432-1399 Fax: 850-432-7340 *Board Certified in Construction Law NOTICE: This e-mail message and any attachments are private communication sent by the law firm of Clark Partington Hart Larry Bond & Stackhouse, and may contain confidential, legally privileged information meant solely for the intended recipient. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is strictly prohibited. Please notify the sender immediately by replying to this message, and delete the e-mail and any attachments from your system. Thank you. From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Gregory Johansen Sent: Monday, April 16, 2012 3:53 PM To: 'RPPTL constructionlaw' Subject: Re: [RPPTL-constructionlaw] Lien issue with public entity It's a given that you can't lien public property under Chapter 713 and that the public entity should require a payment bond but what if the public entity either 1 doesn't require a bond for the work because it's too small a job or 2 doesn't require a bond even if the project should have a bond? Can sovereign immunity be waived? What's the best practice to preserve subcontractor's rights and pursue the claim? Thanks in advance. Greg Gregory J. Johansen Gregory J. Johansen P.A. 4767 New Broad Street Orlando FL 32814 407-956-1050 407-514-2604 (fax) gregoryjohansen@gjjlaw.com To ensure compliance with Treasury Regulations (31 CFR Part 10, Sec. 10.35), we inform you that any tax advice contained in this correspondence was not intended or written by us to be used, and cannot be used by you or anyone else, for the purpose of avoiding penalties imposed by the Internal Revenue Code. ___________ NOTE: This e-mail is from Gregory J. Johansen, P.A., and is intended for the recipient(s)only. If you received this e-mail in error, please notify the sender immediately, delete the e-mail and do not copy or disclose it. If you are not an existing client, do not construe anything in this e-mail to make you a client unless it contains a specific statement to that effect and do not disclose anything to Gregory J. Johansen, P.A. that you expect to be confidential. If you properly received this e-mail as a client, co-counsel or retained expert, you should maintain its contents in confidence to preserve the attorney-client or work product privilege. From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Steve Thompson Sent: Friday, April 13, 2012 4:07 PM To: 'RPPTL constructionlaw' Subject: Re: [RPPTL-constructionlaw] Bond claim issue Yes, but 255.05(2)(b) provides the form for a release of bond claim and 255.05(2)(f) provides: A waiver that is not substantially similar to the forms in this subsection is enforceable in accordance with its terms. I would argue that a release is a relinquishment of a known right and that a release of lien claims (which are non-existent because of governmental exemption from liens) is ineffective to waive the right to claim against the 255.05 bond. Steven F. Thompson, Esq. Thompson & Brooks 412 E. 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THANK YOU. ________________________________ From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Barry Kalmanson Sent: Friday, April 13, 2012 3:06 PM To: constructionlaw@lists.flabarrpptl.org Subject: Re: [RPPTL-constructionlaw] Bond claim issue There is a statute on point. Barry Kalmanson bkpa1@aol.com <mailto:bkpa1@aol.com> -----Original Message----- From: Reese J. Henderson, Jr. <Reese.Henderson@gray-robinson.com <mailto:Reese.Henderson@gray-robinson.com> > To: RPPTL constructionlaw <constructionlaw@lists.flabarrpptl.org <mailto:constructionlaw@lists.flabarrpptl.org> > Sent: Fri, Apr 13, 2012 2:29 pm Subject: Re: [RPPTL-constructionlaw] Bond claim issue Larry Leiby will have the site at his fingertips, but there is caselaw that says lien waivers are enforceable to waive rights against a payment bond. Reese J. Henderson, Jr. Shareholder GrayRobinson, P.A. 50 North Laura Street, Suite 1100 Jacksonville, Florida 32202 Main: 904-598-9929 | Fax: 904-598-9109 Email: Reese.Henderson@gray-robinson.com <mailto:Reese.Henderson@gray-robinson.com> GRAY | ROBINSON ATTORNEYS AT LAW This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney-client relationship with the sender. Disclaimer under Circular 230: Any statements regarding tax matters made herein, including any attachments, are not formal tax opinions by this firm, cannot be relied upon or used by any person to avoid tax penalties, and are not intended to be used or referred to in any marketing or promotional materials. Please be advised that this law firm may be acting as a debt collector and is attempting to collect a debt and any information provided will be used for that purpose. ________________________________ From: constructionlaw-bounces@lists.flabarrpptl.org <mailto:constructionlaw-bounces@lists.flabarrpptl.org> [mailto:constructionlaw-bounces@lists.flabarrpptl.org <mailto:constructionlaw-bounces@lists.flabarrpptl.org> ] On Behalf Of Glenn T. Williams Sent: Friday, April 13, 2012 2:18 PM To: constructionlaw@lists.flabarrpptl.org <mailto:constructionlaw@lists.flabarrpptl.org> Subject: [RPPTL-constructionlaw] Bond claim issue Any help with the following would be very appreciated: Subcontractor signs progress payment release of lien rights in the form of Section 713.20(4) (after supplying all materials and performing all work). It's a government project, there are no lien rights. Same Subcontractor has a bond claim for amounts unpaid (there is both a Section 255.05 bond and a subcontractor common law bond potentially applicable). Is the progress payment release of lien enforceable against Subcontractor to prevent Subcontractor from getting paid the unpaid subcontract amounts? Thank you very much for your time, and I truly appreciate any help! Glenn Todd Williams, Esq. Attorney | Board Certified in Construction Law Glenn Williams, P.A. Angebilt Building - Downtown 37 N. Orange Ave, Suite 500 Orlando, Florida 32801 Telephone: 407-926-4100 Facsimile: 407-926-4105 gtwlaw@ymail.com <mailto:gtwlaw@ymail.com> This email message including attachments, if any, is intended for the use of the individual or entity named above and may contain attorney-client confidential and/or privileged information. If the reader of this message is not the intended recipient, you are hereby notified that any review, use, disclosure, copying, or distribution is strictly prohibited. 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